Tyrell Johnson v. Harold Clarke

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6843
TYRELL L. JOHNSON,
Petitioner - Appellant,
v.
HAROLD W. CLARKE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. John A. Gibney, Jr., District Judge. (3:20-cv-00172-JAG-RCY)
Submitted: October 2, 2020 Decided: October 8, 2020
Before KING, WYNN, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tyrell L. Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tyrell L. Johnson seeks to appeal the district court’s order dismissing his 28 U.S.C.
§ 2254 petition as successive. We dismiss the appeal for lack of jurisdiction because the
notice of appeal was not timely filed.
In civil cases, parties have 30 days after the entry of the district court’s final
judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court
extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under
Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a
jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).
The district court entered its order on March 27, 2020; and the notice of appeal had
to be filed by Monday, April 27, 2020. See Fed. R. App. P. 26(a)(1)(C). Johnson filed the
notice of appeal on April 28, 2020. * Because Johnson failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal.
We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED
*
For the purpose of this appeal, we assume that the date appearing on the notice of
appeal is the earliest date Johnson could have delivered the notice to prison officials for
mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).
2